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Decatur authorizes eminent domain to secure easement for South Columbia stormwater project
Summary
The commission approved Resolution R-25-XX authorizing eminent domain to acquire temporary and permanent easements at 343 South Columbia Drive and approved $33,100 payment for a permanent drainage easement at 229 Shaddamore/Chatham Drive; staff said negotiations with one owner stalled and eminent domain would be limited to the easement acquisition process.
The Decatur City Commission on Aug. 4 approved a resolution authorizing the use of eminent domain to obtain necessary temporary and permanent construction easements for a stormwater-improvement project affecting South Columbia Drive, Derrydown Way and Hilldale Drive.
Assistant Public Works Manager Tara Shearer told commissioners the city has a signed agreement for one permanent drainage easement valued at $33,100 for 229 (Shaddamore/Chatham) Drive, but was unable to negotiate with the owners of 343 South Columbia Drive. "At 343 South Columbia Drive, we've been unable to negotiate with the owners. Therefore, city commission authorization is required to initiate an action to acquire the easement by eminent domain," Shearer said.
Commissioners asked whether owners had explicitly refused to sell and were told the owners initially engaged but then stopped communicating. City representatives said owners would be notified and have opportunities to negotiate or accept the offered price during the eminent-domain process. Staff noted the easements are necessary for a Tier 1 stormwater project identified in the city's 2020 Stormwater Master Plan and said the acquisition is ready to close upon commission approval for the required payment for the parcel with an agreed appraisal.
A commissioner asked about the size of the permanent easement; staff clarified the area is roughly 74.515 square feet (temporary and permanent easements applied) and that the permanent drainage easement payment to Joel and Sarah Mosser for 229 Chatham Drive is $33,100. The commission moved, seconded and adopted the resolution authorizing the condemnation proceeding for the construction easement and approving the payment for the drainage easement.
